General Terms and Conditions (GTC TCT) of beAnywhere for travel, courses and tours
These general terms and conditions (hereinafter referred to as “GTC TCT”) apply to all travel, courses and tours, hereinafter referred to as “offer”, and form an integral part of the contract concluded between the customer and beAnywhere (Simple partnership, Chemin de la Plâtrière 3, 1981 Vex).
The rights and obligations of the customer and beAnywhere arise from the individual written agreement, from these GTC TCT and from the statutory provisions. In addition, the general travel information in beAnywhere's publications must also be observed.
1. Conclusion of contract
1.1 Conclusion of the contract
The customer's booking is made via the beAnywhere website. In exceptional cases, a written booking by email may also be accepted. In this case, beAnywhere will inform the customer about further steps and payment modalities by email.
The contract between the customer and beAnywhere is concluded with the unconditional confirmation of the registration. From this point in time, the rights and obligations arising from the contract together with these GTC TCT shall become effective for the customer and for beAnywhere. This is subject to the customer fulfilling the conditional and technical requirements specified in the detailed program (at www.beanywhere.ch) as well as the other conditions of participation.
1.2 Contractual parties
The contract is concluded between the customer and beAnywhere. As a contractual partner of beAnywhere, the customer is liable for all participants that he registers for an offer. These GTC TCT are binding for all participants.
In the case of mere mediation of third-party services, the contract is concluded between the customer and the third-party company. beAnywhere is not a party to the contract in such cases and these GTC TCT are not applicable.
2. Registration
2.1 Registration form
The registration form must be completed in full and truthfully. The personal details must be given as they appear on the passport/ID card used. An incorrectly completed registration form can lead to problems during the offer. Should unexpected costs arise for the customer or for beAnywhere for this reason, these are to be borne by the customer.
2.2 Correspondence
beAnywhere is entitled to send all correspondence to the email and/or postal address stated in the registration form.
2.3 Final registration
When the customer submits the registration form, this is considered as a binding offer.
If a (partial) payment is made immediately upon registration, beAnywhere will send a confirmation of the registration to the e-mail address specified in the registration form within five working days.
If payment is not due immediately upon registration, beAnywhere will send the payment information to the e-mail address specified in the registration form within five working days. Confirmation of registration will be sent after receipt of the (first partial) payment.
3. Services of beAnywhere
3.1 Scope of services
The services provided by beAnywhere are set out in the detailed program and the confirmation communicated in written form (e.g. by email). Customers expressly acknowledge that beAnyhwhere's offers usually take place in the great outdoors. The programs shown are always subject to the proviso that the weather and terrain conditions, official orders, etc. allow them to be carried out in accordance with the invitation to tender. Further details are set out in sections 7 and 9.
3.2 Transportation services
Some of the services provided by beAnywhere include transportation services. Customers are responsible for arriving at the agreed meeting points on time. For costs incurred due to delays by the customer or due to unforeseen or unavoidable events (accident, road closure, etc.), no claims for damages can be made against beAnywhere.
3.3 Further information on services
In the event of contradictions, the information communicated in written form shall take precedence. Special requests of the customer as well as subsequent collateral agreements require an express written confirmation from beAnywhere in order to be valid.
4. Prices, price increases and terms of payment
4.1 Pricing
The offer price is determined primarily according to the information communicated by beAnywhere in written form (e.g. by e-mail, registration confirmation, invoice) and secondarily according to the prices published on the website.
Unless otherwise stated, prices are per person in the currency indicated (Swiss Francs or Euro). The prices valid at the time of booking shall apply.
The booking office's fees for processing and reservations as well as any additional costs for the trip and on site (e.g. visa fees, tourist taxes) are reserved.
4.2 Price increases
In the event of subsequent increases in the actual costs incurred, beAnywhere reserves the right to increase the offer price accordingly after conclusion of the contract, in particular in the event of
- Increase in transportation costs (e.g. fuel surcharges)
- Newly introduced or increased taxes and/or duties of any kind (e.g. increase in VAT, entrance or summit fees)
- Invoicing and publication errors
Price increases can be claimed up to 21 days before the planned start of the offer at the latest. If the price increase amounts to more than 10% of the offer price, the customer is entitled to withdraw from the contract free of charge within 5 days of notification of the price increase. In this case, the customer is free to book a replacement offer if possible. If the alternative offer is inferior to the contractually agreed offer, the customer may demand compensation for the reduced value. Further claims for damages are excluded.
4.3 Prices for single and double rooms
The offer prices are always quoted per person. For offers with overnight accommodation, the price is shown for half a double room (DR). For single rooms (SR), an SR surcharge is shown. For overnight stays in huts, an overnight stay usually refers to a dormitory.
beAnywhere allocates the available rooms in such a way that only customers of the same sex occupy a double room together, if this is possible. If the second half of a double room cannot be occupied, the double room is released for single use, but the customer must pay 50% of the single room supplement, in which case beAnywhere will pay the remaining 50%. If a customer books half a double room, he undertakes to pay 50% of the single supplement if the second half of the double room is not booked. This subsequent single supplement does not constitute a price increase.
4.4 Terms of payment
The offer price is payable as follows:
- If a payment function is available in the registration form, the offer price must be paid at the time of registration. Successful payment will be noted on the confirmation of registration.
- If no payment function is available in the registration form, the customer will receive the payment information within five days of registration. Payment is due within 10 days of registration.
- If beAnywhere splits the offer price into a down payment and a final payment, the Customer will receive the payment information for the down payment within five days of registration and the payment information for the final payment at least 40 days before the start of the offer. Both payments must be made within 10 days of the email being sent, so that the full offer price is paid up to 30 days before the start of the offer.
- For short-term bookings less than 35 days before the start of the offer, the full amount must always be paid either during the registration process on the website or within five days of receiving the payment information.
- Different payment terms may apply for day tours or courses if these are shown in the detailed program on the website (e.g. payment on site in cash or by TWINT).
4.5 Delay in payment
Failure to pay the total amount, the deposit or final payment on time entitles beAnywhere to refuse the booked service after a grace period of a few days has elapsed without success. The offer shall be deemed to have been canceled and the cancellation and processing costs pursuant to Sections 6.2 and 6.5 shall be due for immediate payment.
The travel, course or tour documents will not be sent to the customer until the travel price has been paid in full.
5. Conditions for participation
In principle, the participation of customers may be refused if beAnywhere considers the participation of a customer to be unsuitable.
5.1 Age
Participants under the age of 18 require the consent of their legal representative in order to participate in beAnywhere offers.
5.2 Personal requirements, demands and health
The requirements for the offers are described in the corresponding detailed program. By registering, each participant confirms that they meet the necessary health, mental and physical requirements. Anyone who has health problems or is sick may not take part in the beAnywhere offers. Participants undertake to inform beAnywhere of any health problems of a mental or physical nature. In addition, customers are responsible for fulfilling all other requirements and equipment regulations in accordance with the detailed program.
6. Cancellation, change of booking, trip termination by the customer
6.1 Cancellation prior to departure
6.1.1
The customer can withdraw from the trip at any time before the start of the trip. The declaration of cancellation must be made in written form by email. The cancellation becomes binding as soon as it has been confirmed in written form by beAnywhere. The relevant date for determining the subsequent cancellation fees is the date of receipt of the declaration of cancellation by beAnywhere.
6.1.2
The customer must pay beAnywhere - depending on the time of cancellation - a flat-rate cancellation fee and a processing fee (Sections 6.3 and 6.5). The compensation amounts cover the estimated costs incurred by beAnywhere and are reasonable against this background.
The right to assert claims for damages in excess of the flat-rate cancellation fee remains reserved.
6.1.3
The customer must pay a flat-rate cancellation and processing fee in accordance with sections 6.3 and 6.5 if the necessary health formalities of the destination country (e.g. vaccination, Covid-19 vaccination, PCR test, etc.) are generally known at the time of booking or the start of the offer, but the customer does not comply with the health formalities for personal reasons and therefore withdraws from the trip.
The customer shall pay a flat-rate cancellation and processing fee in accordance with sections 6.3 and 6.5 if, at the time of booking or the start of the offer, there is a mandatory quarantine obligation imposed by the Swiss Federal Office of Public Health for non-vaccinated and non-recovered persons (Covid-19 virus) after returning from certain destinations and the customer does not comply with the health formalities for personal reasons and therefore withdraws from the trip.
6.1.4
The customer must pay a flat-rate cancellation and processing fee in accordance with Sections 6.3 and 6.5 if the FDFA and/or the FOPH expressly advised against travel to the planned travel region at the time of booking and the customer books the trip despite being informed by beAnywhere and withdraws before the start of the offer. In this case, any warranty on the part of beAnywhere is excluded.
The Customer acknowledges that the conclusion of the contract in this case lies in his sole sphere of risk.
6.1.5
The following cases remain subject to section 6.3:
- If the FDFA and/or the FOPH expressly advise against a trip to the planned region, the Customer shall only have to pay the processing fees (Clause 6.5), any insurance premiums and visa fees as well as the expenses demonstrably incurred by beAnywhere.
- If a substitute person proposed by the Customer agrees to enter into the contract in place of the Customer with all rights and obligations and to take the trip under the agreed conditions, only the processing fees (Clause 6.5) and any additional costs shall be owed in addition to the offer price.
The replacement person must fulfill all offer requirements (e.g. legal or official requirements, visa requirements, physical requirements, age) and the change must be accepted by beAnywhere.
The customer is jointly and severally liable with the replacement person for the payment of the price and any additional costs.
- In the event of subsequent price increases, the Customer has the right to withdraw from the contract in accordance with the provisions of Clause 4.2.
6.2 Cancellation charges
Up to 90 days before the start of the offer, beAnywhere will only charge the processing fee set out in Section 6.5. In the event of cancellation at short notice, beAnywhere will charge the processing fee (Section 6.5) and the following cancellation fees per person:
Offers outside Switzerland and/or more than 5 days:
- 90 to 61 days before the start of the offer: 30% of the offer price
- 60 to 31 days before the start of the offer: 50% of the offer price
- 30 to 11 days before the start of the offer: 80% of the offer price
- 10 to 0 days before the start of the offer: 100% of the offer price
Multi-day offers (2 to 5 days):
- 50 to 41 days before the start of the offer: 30% of the offer price
- 40 to 31 days before the start of the offer: 50% of the offer price
- 30 to 11 days before the start of the offer: 80% of the offer price
- 10 to 0 days before the start of the offer: 100% of the offer price
One-day offers:
- 14 to 6 days before the start of the offer: 50% of the offer price
- 5 to 0 days before the start of the offer: 100% of the offer price
The day of the arrival of the written cancellation is decisive for the calculation of the cancellation charges. On Saturdays, Sundays and public holidays, the next working day is decisive.
6.3 Delay and no-show
If the customer arrives late or does not show up at all, or does not have the necessary documents to travel, the entire offer price is due in any case.
6.4 Termination during the execution of the offer
If the customer cancels the contract in whole or in part during the term of the offer, there is no entitlement to a refund of the offer price.
6.5 Processing fees
In the event of cancellation or termination by the customer, the following processing fees will be charged per person:
- Multi-day trips, courses and tours up to 90 days before the start of the offer: CHF 50.-
- Multi-day trips, courses and tours less than 90 days before the start of the offer: CHF 100.-
- One-day tours paid for before the start of the offer less than 48 hours before the start of the offer: CHF 5.-
7. Cancellation, termination or changes by beAnywhere
7.1 Significant error
In the event of a significant error in the conclusion of the contract, in particular in the event of calculation and/or publication errors in the offer price, beAnywhere shall be entitled to withdraw from the contract. The customer shall be entitled to reimbursement of the payments made.
7.2 Changes before the start of the offer
beAnywhere reserves the right to change services before the start of the offer (subject to change). beAnywhere is in particular entitled to unilaterally change services (e.g. hotel, tours, prices) mentioned in the detailed program at any time. beAnywhere shall inform the customer of this change immediately in writing and inform the customer of any effects on price and services.
If the service changes have become necessary due to prevailing weather, danger or local conditions, force majeure, official orders, etc., the customer has no right of withdrawal.
In the event of a significant change to an essential point of the contract, the customer is entitled to withdraw from the contract free of charge within 5 days of notification of the change. The notification must be made in writing by email to beAnywhere. Without written notification within the deadline, the change shall be deemed approved.
If the withdrawal from the contract occurs before the start of the offer, the customer shall be reimbursed the full price, whereby the expenses demonstrably incurred by beAnywhere shall be deducted from the reimbursement amount. Compensation for damages is excluded. Alternatively, the customer is free to book a replacement offer if possible. If the replacement is inferior to the contractually agreed service, the customer may demand compensation for the reduced value.
7.3 Unacceptability and exclusion from the offer
beAnywhere is entitled to exclude customers from an offer or to withdraw from or terminate the contract if the customer gives justified cause to do so, e.g. failure to meet the physical or health requirements, the required fitness or technical requirements or other conditions of participation. Persistent disruption of the group and inappropriate behavior are also grounds for exclusion. Exclusion from an offer can take place both before and during an offer. In all cases, the cancellation and processing costs as set out in sections 6.2 and 6.5 shall be due for payment. Further claims for damages on the part of beAnywhere are reserved. Customer claims for damages are excluded.
7.4 Not reaching the minimum number of participants
If the minimum number of participants envisaged for an offer is not reached, beAnywhere shall be entitled to withdraw from the contract up to 14 days before the planned start of multi-day offers and, in the case of one-day offers, up to 48 hours before the agreed start time.
The customer is entitled to a refund of the payments made.
Alternatively, the customer is free to book a replacement offer if possible. If the substitute service is inferior to the contractually agreed service, the customer may demand compensation for the reduced value. Further claims for damages are excluded.
7.5 Unforeseeable or unavoidable circumstances
If unforeseeable or unavoidable circumstances (e.g. war, strike, natural disasters, weather conditions, terrain conditions, withdrawal of landing rights, epidemics, pandemics and related official measures) prevent the scheduled execution of the offer, beAnywhere is entitled to withdraw from the contract at any time or to cancel it or change services.
If the contract is cancelled before the start of the offer, the customer will be refunded the full price, whereby the expenses demonstrably incurred by beAnywhere will be deducted from the refund amount. Compensation for damages is excluded. Alternatively, the customer is free to book a replacement offer if possible. If the replacement is inferior to the contractually agreed service, the Customer may demand compensation for the reduced value.
In the event of cancellation after the start of the trip due to unforeseeable or unavoidable circumstances (e.g. war, strike, natural disasters, weather conditions, terrain, withdrawal of landing rights, epidemics, pandemics and associated official measures) that prevent the offer from being carried out as planned, claims for damages by the customer are excluded, in particular compensation for additional costs (e.g. flight or hotel costs). Any additional costs shall be borne by the customer. Any resulting changes to the course or scope of the offer do not constitute a defect in the offer.
8. Obligation of the customer to co-operate
8.1 Duty to co-operate
In addition to the payment of the travel price, the customer shall in particular have the following obligations to co-operate:
- The customer must immediately check the documents sent to him (e.g. invoice, offer confirmation, travel, course or tour documents) for correctness and completeness, in particular for conformity with the booking, and inform beAnywhere immediately in writing of any discrepancies.
- The customer is responsible for compliance with the relevant entry regulations (in particular regarding the validity of passports, obtaining visas, vaccinations).
- The customer is responsible for complying with the check-in times (e.g. at the airport) and luggage regulations specified by the service providers.
If the customer does not depart or departs too late (no-show), the tour price will not be refunded.
The obligation to provide transport does not apply. If the customer misses the return flight, he must book another return flight at his own expense. This also applies in particular to flight schedule changes.
- In the event of pregnancy, the customer must inform themselves in advance about the transport conditions and comply with them.
In addition, the customer is obliged to inform beAnywhere in writing of the pregnancy.
- With regard to the requirements of the planned offer, the customer must assess his own state of health and fitness and, if necessary, refrain from participating.
- Instructions from beAnywhere, the manager or a service provider must be followed. Customers undertake to contribute to the group and to behave loyally towards other participants.
8.2 Violation of the duty to co-operate
If the customer violates his obligations to co-operate, beAnywhere assumes no liability and may exclude the customer from the offer. Claims for compensation by the customer due to defects shall lapse.
9. Complaints
9.1 Immediate obligation to lodge a complaint
In the event of complaints during the execution of the offer, the customer must immediately notify the service provider and the local beAnywhere representative or, in their absence, the booking office.
beAnywhere shall endeavour to find suitable solutions within a reasonable period of time.
If no suitable solution can be found on site, the customer must obtain written confirmation from the service provider or the local representative (facts, list of defects). However, the service provider and the local representative are not authorised to recognise claims by the customer.
9.2 Compensation claims of the customer
The customer must notify beAnywhere in writing of his complaint together with the confirmation in accordance with clause 9.1 within 15 days of the end of the contract. In the absence of notification and/or confirmation in accordance with Clause 9.1, the customer shall not be entitled to any claims for compensation. After expiry of the period of 15 days, all claims such as reduction of the offer price, compensation etc. shall be forfeited.
10. Liability and risk
10.1 Extent of liability
beAnywhere shall be liable if contractually agreed services are not provided or are poorly provided, or if the customer has suffered damage as a result of a breach of duty by beAnywhere. Subject to the provisions under Section 9.2, the customer shall be entitled to compensation for the corresponding reduction in value or damages if and insofar as it was not possible for the offer management, service providers or beAnywhere to remedy the situation on the spot.
10.2 Limitations and exclusions of liability
If international agreements or national laws and restrictions based on international agreements exist which regulate compensation for damages arising from non-performance or improper performance of the contract or exclusions of liability, beAnywhere shall in any case only be liable within the scope of the corresponding applicable agreements and laws.
Any liability of beAnywhere is excluded if the non-performance or improper performance of the contract is due to:
- failure on the part of the customer, in particular in the event of non-compliance with the instructions of beAnywhere, the offer management or service providers, lack of equipment, inadequate health, non-compliance with the conditions of participation, etc.
- unforeseeable or unavoidable failures of third parties who are not involved in the provision of the contractually agreed services.
- force majeure or an event which beAnywhere, the offer management, intermediaries or service providers could not foresee or avert despite all due care.
beAnywhere is authorised to engage auxiliary persons and/or third parties for the provision of services. If beAnywhere legitimately transfers the execution of the offer to a third party, beAnywhere shall not be liable for its actions or omissions, insofar as legally permissible.
The offers of beAnywhere take place in nature. Despite expert guidance, a residual risk cannot be excluded. By concluding a contract, participants recognise this risk.
11. Image files and social media
beAnywhere reserves the right to create image and film files during an offer, which are used for analytical evaluations in a professional context (e.g. video analyses for running courses). In addition, image and film files may be used for advertising and information purposes. These can be used in printed form, on your own website or on social media. Publications are made without personal details of the persons depicted and in some cases recognisable. The rights to these files belong to beAnywhere. Participants who do not wish to be filmed or photographed must inform us in advance so that their wishes can be respected.
12. Miscellaneous
12.1 Authoritative language
In the event of differences in interpretation due to different wording in the various language versions, the German version shall prevail.
12.2 Salvatory clause
Should one of these provisions be ineffective, this shall not result in the ineffectiveness of the entire GTC TCT, unless it can be assumed that it would not have been concluded at all without the ineffective part.
12.3 Ombudsperson
The parties are free to appeal to the Swiss Travel Industry Ombudsman (www.ombudsmann-touristik.ch) to reach an out-of-court settlement before any legal dispute regarding booked package holidays.
12.4 Insurances
beAnywhere expressly recommends taking out travel cancellation insurance and insurance to cover repatriation costs in the event of accident or illness. Not all cancellation insurance policies also cover course costs. This must be considered separately. Insurance is the responsibility of the customer.
12.5 Changes to the GTC TCT
beAnywhere may unilaterally amend the GTC TCT at any time. beAnywhere publishes the current status of the GTC TCT electronically on the website.
13. Jurisdiction
The contractual relationship between the customer and beAnywhere is subject to Swiss law. The place of jurisdiction is Vex.
Vex, 18th August 2024